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Elections in Nigeria - Centre for Democracy & Development

NIGERIA’S PRESIDENTIAL POLLS: A SWOT ANALYSIS

By Democracy, Press ReleaseNo Comments
By Prof. Okechukwu Ibeanu & Idayat Hassan

The 2023 elections will be the seventh consecutive elections since the return to democracy in 1999; making a 23-year period of unbroken democracy, the longest in the country’s short history. The presidential election is scheduled to hold on 25 February 2023 and will not feature the incumbent president for only the second time, while governorship and other subnational polls will hold on 11 March. More than 95 million Nigerians have registered to cast their ballots with key issues for the leading presidential candidates likely to Centre around the economy, prevailing insecurity and corruption. Ironically, these were the same issues that defined the 2015 general election that brought the outgoing president, Muhammadu Buhari, to power.

This strengths, weaknesses, opportunities and threats (SWOT) analysis assesses some of the key factors and actors that will shape the 2023 polls. These include a review the preparedness of the Independent National Electoral Commission (INEC) and how it is working within the newly passed legislation that ostensibly provides a more robust legal framework for the conduct of the polls. It also offers a review of prevailing insecurity in all the six geo-political zones of the country and how this is likely to impact voting. Finally, attention is drawn to some of the leading candidates and their main support bases in the country. Whilst not ignoring the issues that are likely to come up in the campaign, this piece looks at issues of religion and misinformation that are likely going to be equally critical in shaping electoral outcomes.

The 2023 election will be conducted with a new electoral framework but with the same leadership of INEC as in 2019. INEC continues to push for increased application of technology to election administration and the new Act provides the legislative backing for a more transparent and robust voting and results management processes, if applied judiciously. But the credibility of the 2023 general election will also depend on the degree to which citizens can vote freely and unencumbered. Insecurity remains a critical issue, particularly in the northwest and southeast. Further challenging this operation are the prevailing structural, infrastructural, and cultural ecosystems in which the polls will take place. Prompt release of the full INEC budget could help in mitigating some of these.

Finally, the role played by the security agencies, and subsequently by the judiciary, may be as important in determining the credibility of the election as that of the election management body. Nigeria is currently facing an epidemic of insecurity. Violence led by bandits, terrorists and secessionists has been recorded across its six geo-political zones, further dividing the country along ethnic, religious and political lines. Holding credible polls in this context that guarantees the security of voters and INEC personnel will be a major challenge. The ability of INEC to conduct continuous voters registration has already been questioned as insecurity has prevented the Commission from deploying to all wards across all electoral districts. The challenge of citizen access to electoral infrastructure will remain constant throughout the campaign and during the voting period. This is particularly true for those that have been displaced internally by conflict.

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SUMMARY OF DISCUSSIONS ON EMERGING ISSUES THAT WILL SHAPE THE 2023 GENERAL ELECTION IN NIGERIA

By 2023 Elections, Election, Fact Check, Politics, Press ReleaseNo Comments

The 2023 general election will be a defining moment not just for Nigeria but also for West Africa. The region has suffered democratic decline and experienced coups and counter-coups in the past three years. However, beyond the hopes of the emergence of transformational leadership that will change the country’s fate, there are existing challenges that threaten the conduct of free, fair, and credible elections in Nigeria.

Nigeria’s 2023 election will be the seventh to be conducted in the fourth republic. It will be unique for two reasons. First, it will not have an incumbent running. Second, the country has promulgated the 2022 Electoral Act, bringing new changes to election guidelines and regulations. However, the 2023 election is one that many analysts speculate will be fraught with severe challenges. Nigeria’s six geopolitical zones are currently embroiled in different conflicts, ranging from farmer-herder clashes witnessed in all the zones to banditry and terrorist threats in the northwest and north-central and secessionist agitations in the southeast. These conflict situations are likely to deteriorate further with increased political violence that could affect the safety of election materials, personnel and even voters. In addition, the security situation could affect voter turnout – despite ongoing voter registration already surpassing 85 million registered voters – and even the legitimacy of the results.

Beyond the security situation and the controversies arising from the interpretation of the 2022 Electoral Act by politicians and political parties, the lack of internal democracy in parties, monetization of the electoral process and the issue of zoning will all be critical issues that are likely to affect the outcome of the 2023 general elections.

It is on this basis that the Open Society Initiative for West Africa (OSIWA) and the Centre for Democracy and Development (CDD) organized a one-day colloquium to discuss “Emerging Issues that will Shape the 2023 General Elections in Nigeria”. The event was held on 25 May 2022 and was attended by a broad spectrum of stakeholders interested in ensuring the peaceful and credible conduct of elections in Nigeria. They included the current Chairman of the Independent National Electoral Commission (INEC) and his immediate predecessor, representatives from leading civil society groups, political parties, security agencies, academia, and the media.

The keynote address by Prof Mahmood Yakubu, the Chairman of INEC, kicked off the day of discussions and was followed by four enriching panel sessions that x-rayed diverse emerging challenges to the conduct of elections in Nigeria with solutions proffered. The first panel dealt with the perquisites for a successful general election in 2023. The second panel examined the emerging threats and challenges to a successful 2023 general election. The theme of the third panel was the pathways to electoral accountability in 2023, while the fourth panel was a summary of cardinal issues arising from the colloquium.

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FACT CHECK: Northern APC Governors didn’t meet Atiku after Tinubu’s Victory

By Election, Fact Check, UncategorizedOne Comment

CLAIM:

A video is currently circulating on social media especially WhatsApp, insinuating that northern governors of the All Progressive Congress visited the presidential candidate of the People’s Democratic Party (PDP), Atiku Abubakar on Wednesday after APC presidential primary at Eagle Square.

Presidential Candidate Atiku Abubakar

The video was captioned “THE GAME JUST GET STARTED.”

The text further read, “APC Northern Governors and Senate President went to visit Alhaji Atiku Abubakar immediately after their APC Presidential Primaries this morning when Tinubu was declared the winner of APC Presidential Ticket

“Northern blood brothers remain, Northern blood brothers, thes people might handover a life snake to Tinubu. There are two things they are going to do to make sure the north retains power; they are either going to start decamping to PDP or remain in APC and work against Tinubu’s interest. North and power are cousins. You don’t trust them when it comes to that.”

VERDICT: FALSE

FACT:

However, Checks by Daily Trust revealed that the video was first taken in January this year during a condolence visit.

Using Invid, a video verification tool, Daily Trust established that the video first surfaced on the Internet on January 22, 2022, when Atiku paid a condolence visit to the family of Dahiru Mangal, a business magnate in Katsina who lost his 85-year-old mother.

The late Hajiya Murja Bara’u was the mother of Alhaji Dahiru Mangal who is the Chairman of Afdin Group, owners of Max Air, Afdin Petroleum, Afdin Construction, among others.

Also, Daily Trust traced a tweet by the former vice president on his Twitter handle @atiku where he confirmed the condolence visit on the same day.

The tweet read, “Earlier today (January 22), I paid a condolence visit to Alhaji Dahiru Mangal in Katsina over the loss of his beloved mother and matriarch of their family, Hajiya Murja Bara’u. I pray that Almighty Allah will comfort the family and grant her Aljannah Firdaus in Paradise.”

CONCLUSION

The video currently in circulation is an old video from a condolence visit by Atiku and some northern APC governors to the family of Alhaji Dahiru Mangal and the video is being recycled. As such, the claim in the video that northern governors met with Atiku after Tinubu’s victory at the APC primary is false and misleading.

cddfactcheck infographics

How Youth Can Reshape Political Participation in Nigeria

By Blog, Publication, Publications

By Chris Olaoluwa Ògúnmọ́dẹdé

Can Nigeria’s #EndSARS protests evolve into a force that can restructure electoral politics? Or will the protests, which culminated with the state opening fire on its own citizens in Lagos, simply become a dramatic, but ineffective interlude, to the status quo?

If recent electoral contests held in Lagos, Imo, Bayelsa, Plateau and Abia are an indicator, the civic awakening that seemed apparent at the height of the demonstrations in October 2020, has thus far failed to spill over into the electoral realm. Voter apathy, which typifies Nigerian elections, has been a notable feature of these polls. But as the 2023 elections draw closer amid a gloomy political and economic outlook, Nigeria’s young voters and activists are yet again being pushed to consider their role in politics while trying to navigate the relative power of protest and electoral politics as modes of civic participation.

Activists and organisers who participated in the #EndSARS protests must decide between redoubling their efforts or stepping back from all contentious political activity; whether, and how, to change tactics; what issues they should focus on; or if abstaining completely from electoral politics would be the most powerful statement. These questions are particularly pressing for Nigeria’s so-called “s’oro s’oke generation” or what I like to call the “70 Percent Club” – the cohort of Nigerians believed to be 30 years old or younger.

In a country as large and heterogeneous as Nigeria, these young people come from all walks of life and have different experiences, but they also share some important commonalities. They have no little to no memory of Nigeria under military rule, they increasingly reject the respectability politics that govern intergenerational social interactions, and they are very online. #EndSARS was undeniably their moment; their introduction to the world as a social force to be reckoned with.

Fresh voices

#EndSARS as a struggle in the public square coincided with the takeover of the virtual one, much of it driven by this “70 Percent Club”. Even as the protests gathered steam in early October 2020, the overwhelming majority of Nigeria’s print and broadcast media – whose ownership structure is largely concentrated in the hands of political entrepreneurs with close links to government officials and the Nigerian state – gave little to no coverage to the protests. But in a country where 61% of the population has access to the internet, these attempts to stymie the protests proved to be a miscalculation. Young Nigerians do not rely on newspapers, television and the radio for news and information to the same degree their parents and grandparents do.

According to 2019 findings by NOI Polls, 70% of Nigerians aged 18-35 have access to the internet compared with 56% of those aged 36-60. Roughly 20% of the Nigerian population has a Twitter account, with young people again the more likely users. WhatsApp and Facebook have even more significant numbers of users. During the protests, social media users got the #EndSARS hashtag trending globally. The millions of unique impressions on Twitter and other platforms, gained the attention of international celebrities and the Nigerian diaspora. Online spaces and new media platforms like Pulse Nigeria, Zikoko and The Native quickly worked to fill the gaps left open by legacy media.

The digital prowess young Nigerians displayed during the #EndSARS protests played a huge role in its reach, fundraising, coordination and message discipline. They used online platforms to share information in real-time, coordinate activities with protesters across the country, fight misinformation and document important events such as attempts by hired thugs and pro-government forces to subvert the protests and the fatal shootings in Lekki on 20 October. Women were at the heart of this movement, with The Feminist Coalition playing a critical coordinating role, alongside SARS victims’ mothers’ groups, in demanding transparency and accountability for victims of police brutality. 

The challenge now is how to institutionalise the vibrant online activism demonstrated during the #EndSARS protests into electoral politics and broader civic participation. The protests did a lot to dispel the myth of apathy among so-called “lazy Nigerian youths”, who have been forced to provide social goods and services for themselves amid a weak state incapable of meeting their basic needs. The immense strides the ICT and creative sectors have made in the last decade largely reflects the ingenuity and entrepreneurialism of the “70 Percent Club”. Far from being frivolous and lazy, young Nigerians have simply lost hope in institutions that do not serve their interests or reflect their preferences. Their low participation rates in electoral contests reflecting disenchantment with the ruling elites and the systems of governance they oversee.

But this disillusionment with the political system and the lack of trust in civic norms and institutions represents the best opportunity to reshape political participation in Nigeria. There is a need to shift Nigeria’s civic culture from one skewed overwhelmingly towards elections as the primary means of participation, and towards a system inclusive of mass civic activism designed to trigger long-term political development and social change. This effort must start with building the kinds of “mediating structures” Alexis de Tocqueville argued strengthened democracies by providing alternative loyalty bases and sources of information for citizens. These mutually reinforcing online and offline entities would serve as a bulwark against dominant political forces, and as intermediaries between citizens and the Nigerian state, who are socially distant from each other.

Learning from the past

A crucial mistake made after the collapse of military rule and return to civilian democracy in 1999 was the failure to connect institutional politics – understood narrowly as represented by political parties and elections – to the participatory ethos that energised the pro-democracy movement of the 1990s. Electoral politics returned to being the crown jewel of civic participation in Nigeria’s civilian democracy, with many democracy activists – some of them erstwhile politicians – running for and winning elected office, or getting appointed to government and party positions.

At the same time, civil society organisations (CSOs) arguably did not, and still do not, serve as intermediaries between citizens and state, acting more as entrenched, professional middle-class interests or even as an extension of the political class. Many CSOs rely on international donors for funding – when they are not covertly funded by political figures – and have come to prioritise access and closeness to government and foreign donors, raising questions among their critics about their ability to be effective intermediary institutions. The weakness of the rule of law and a culture of opacity in government, combined with the aforementioned tendencies, makes contemporary organised CSOs incapable of, and unsuited to, being a credible mouthpiece for young, socially-networked Nigerians.

Leaderless and decentralised

Historically, organised activism in Nigeria leaned towards centralised representation, usually in the form of professional organisations, trade associations and farmer, labour and student unions. The #EndSARS protests were structured differently, resembling the many “leaderless” movements that have emerged across the world in recent years. Although Lagos served as a sort of symbolic capital of the movement, the protests were decentralised away from any one geographic location or group and were truly national in scope. Nigerians in 21 of the 36 states participated in demonstrations, along with diaspora supporters in London, Johannesburg, Washington DC and elsewhere.

Time will tell whether this format of mass activism will become the norm in Nigeria, but its spontaneity, message discipline and organisational prowess caught the Nigerian establishment by surprise. This in part explains the violent crackdown that brought the protests to a halt, as well as the continued repression by state authorities against key organisers and ordinary protesters. Many demonstrators remain detained, with the whereabouts of more than a handful an open question. Others saw bank accounts frozen or had their passports seized.

Making engagement meaningful

Given the varied manifestations of poor governance across the country which the #EndSARS protests sought to challenge, it stands to reason that localised organising which reflects the reality of Nigerians in their immediate communities should drive the establishment of mediating structures. But if the broader trends which emerged during the protests are to have any significance during the 2023 elections, the demands of Nigerian political organising should not be directed solely at centres of power like the major cities and state capitals.

Although the #EndSARS movement drew on a cross-representation of Nigerians, the most dominant narratives and visible organisers emerged from Lagos, which served as the protests’ centre of gravity to a large extent. The emergent forums and collective platforms which formed during the protests demonstrate the necessity of broader inclusivity of Nigerians across different income groups, regions and communities. Mediating structures must be designed to broaden constituencies and bring in voices who may not be well-represented among Nigeria’s online population. The problems of governance in Nigeria might have similar dimensions across the board, but they manifest themselves differently everywhere and these mediating institutions ought to reflect these nuances. Solutions that might work in Abia might not be replicable in Zamfara, and vice versa.

With the myriad of challenges bedevilling Nigeria, efforts to resolve them cannot wait until 2023, and neither should Nigerians. While young people should be encouraged to register to vote and join political parties and other organs of institutional politics, these efforts should be coupled with a commitment to building long-term civic institutions that give youths a means of engaging political systems and actors beyond election day. More civic participation by youths will not guarantee better governance outcomes, but it does raise the odds of bridging the significant gap between those deciding policy and those who have to weather its effects. And that is a useful point of departure. 

Chris Olaoluwa Ògúnmọ́dẹdé is a foreign policy analyst, writer, editor and political risk consultant specialising in comparative authoritarianism, regional integration in the West Africa region and transnationalism in African diasporic communities. He is also an editor at The Republic, a pan-African global affairs publication. Follow him on Twitter at @Illustrious_Cee.

Editor’s note: This is the seventh article in a nine-part series in which leading thinkers and practitioners explore key questions and themes about the current state of electoral democracy in Africa. You can click to read the sixth, fifthfourththirdsecond and first.

Insecurity and Covid-19: Threats to Electoral Democracy in Africa

By Blog

By Prof. Jibrin Ibrahim

More than 13 African countries are scheduled to hold or have already held, parliamentary or presidential elections in 2021. Reflective of the democratic backsliding observed on the continent in recent years, more than a third of these polls are likely to be little more than political theatre – aimed at garnering a fig leaf of legitimacy for leaders need to be seen to have a popular mandate.

In Uganda’s January poll the same winner was returned for the sixth consecutive election following a campaign marred by attacks on opposition candidates. Measures put in place by the Electoral Commission for ‘scientific campaigns’ designed to limit the spread of Covid-19 were implemented more rigorously on opposition candidates, by security agencies who remained loyal to President Museveni. In November 2020, security forces clashed with protestors in Kampala demanding the release of opposition candidate Bobi Wine, after he was arrested for violating the guidelines that required presidential candidates to meet or address crowds of less than 200 people. Over 50 Ugandans were killed in the clashes. The combination of, and links between, Covid-19 and insecurity are an increasingly common challenge facing polls on the continent.

The coronavirus context

According to the 2016 Infectious Disease Vulnerability Index 2016, 22 of the 25 countries most vulnerable to infectious disease are in Africa. But to date, the continent has recorded a little more than 4 million cases of Covid-19 and over 100,00 deaths out of a global total of more than 120 million cases and more than 2.5 million deaths. But the social and economic impacts of the pandemic might end up having the greatest impact. The imposition of lockdowns, designed to restrict movement and slow down the spread of the disease, have equally affected jobs and livelihoods especially for the poor. These measures have also created opportunities for authoritarian regimes to restrict people’s ability to engage in civic and political processes like elections.

In Ethiopia, Prime Minister Abiy’s tenure was elongated after parliamentary elections scheduled for August 2020 were postponed due to Covid-19. Despite opposition from the federal government, political actors in Tigray province opposed this decision and decided to go ahead with its own regional election. The region is now involved in an active conflict with the Ethiopian state, with the problematic elections one of several triggers for a multifaceted conflict that has drawn in actors from neighbouring countries.

For the most part elections did proceed as planned in 2020, even if scheduled by-elections were postponed in eleven countries – Botswana, Chad, Ethiopia, Gabon, The Gambia, Kenya, Liberia, Nigeria, South Africa, Uganda and Zimbabwe. But the health risks of doing so quickly became apparent. In Burundi, having stood aside after serving three-terms President Nkurunziza died in office, shortly before his elected successor was due to succeed him. Covid-19 was the suspected cause, though officially his death was ascribed to a heart attack. A similar fate befell President Magufuli in Tanzania last month, just five months in to his second tenure at the helm. Nkurunziza and Magufuli were both vocal deniers of the existence of Covid-19 and did not seek to introduce measures to stop its spread.

Elsewhere restrictions aimed at limiting the spread of the virus have also impacted on the space for political discontent. It is not just the election campaign period that is being affected, restrictions on public gatherings can impact voter education efforts and wider demands for greater transparency and accountability in how governments operate. That is not to say that measures to limit the spread of the deadly disease should not be in place to protect voters and candidates alike during elections but that they must be balanced carefully with commitments to a fair and equitable process.

Growing insecurity

In contexts like Chad, Ethiopia, Libya, Niger, Burkina Faso and Somalia the challenge of holding elections during a pandemic has been, or will be, further exacerbated by prevailing insecurity. Armed Conflict Location and Event Data Project data showed a steep upsurge in violent attacks taking place in March and April 2020 across Africa – when restrictive measures were first introduced to address the threat posed by Covid-19. This suggests that terrorist and non-state armed groups capitalised on the pandemic to increase attacks. If these trends continue, “Africa is at risk of losing ground to violent groups following years of counterterrorism advances alongside regional and international security partners” according to experts at the Centre for Strategic and International Studies. Recent events in Niger are a concern in this regard.

On 2 April 2021, Mohamed Bazoum was sworn in as elected President of Niger. He took over from Mohammed Issoufou who stood down after completing his two constitutionally-mandated terms in office in what was the first ever democratic transition from one elected administration to another in country’s history. But Bazoum inherits an insecurity pandemic. In January at least 100 people were killed in a terrorist attack near the border with Mali: seven members of Niger’s election commission died when their car hit an explosive device on election day in February; whilst in March another 137 Nigeriens civilians perished in two separate attacks by gunmen on motorbikes. Niger has been troubled by insecurity for several years but the spate of attacks by hardlines Islamist groups in early 2021 seem to have been aimed at disrupting and undermining the election process.

However, Bazoum and the ruling party – to which he and Issoufou both belong – have also been able to utilise the prevailing insecurity narrative for political ends in recent weeks. After unsuccessfully challenging the election outcome at Niger’s Constitutional Court, leading opponent Mahamane Ousmane called for mass protests to overcome what he claimed was a rigged outcome. But the prevailing insecurity, including an attempted coup d’état on 30 March, created the conditions for the rallies to be banned by the government.

Prevailing insecurity also limited the participation of voters in Burkina Faso’s November 2020 poll. Although provisions were put in place to support voting for those internally displaced by insecurity, the amended electoral code stated that the more than one million IDPs were to be enrolled where they were displaced, and their vote counted in the constituency they currently occupied, not where they have previously lived. The impact of this was that under threat constituencies elected officials charged with trying to address multiple challenges, are now doing so with a very small popular mandate. Furthermore, voting amidst a string security presence can have implications for voters’ perceptions of freedom.

Invariably, the responsibilities of maintaining internal security, peace, order and justice within a country lies with the police. However due to the lack of an effective internal security mechanism, several African states regularly deploy the army to maintain internal insecurity and forestall instability. With military personnel that are usually earmarked for counterterrorism measures now being deployed, or having been deployed, to enforce lockdowns or implement pandemic response measures, in Nigeria, Ghana, Uganda and Kenya, there are concerns about an oversecuritisation of key state functions, without an improvement in the prevailing security situation.

Implications for democracy

Politically, Covid-19 has created conditions that have worsened the state of insecurity on the continent. It has also impacted on the electioneering process and political campaigns by providing justification for leaders with authoritarian ambitions to restrict rights and oppress opposition. Selective use of pandemic control measures to restrict the ability of opposition parties to campaign poses a threat to multi-party democracy. While Africa has so far largely avoided the worst case Covid-19 scenario, the emergence of new variants could potentially create health, social, economic and political emergencies in the coming months and years, especially as vaccine rollouts remain slow. All with serious implications for democratic accountability.

But on a more positive note, the pandemic has increased the speed at which digital tools are being developed and deployed for democratic accountability. Notwithstanding the challenges, these have the potential to make African elections safer, cheaper, more efficient and more accurate. 

Jibrin Ibrahim is a Senior Fellow at the Centre for Democracy and Development

Editor’s note: This is the sixth article in a nine-part series in which leading thinkers and practitioners explore key questions and themes about the current state of electoral democracy in Africa. You can click to read the fifthfourththirdsecond and first.

How tenure elongation and a lack of term limits weaken the integrity of elections in Africa

By Blog, Publication, Publications

By Ayisha Osori

Until the late 1980s, Liberia’s constitution was the only one in Africa to provide clarity for presidential term limits. Without these limits, political succession was a major source of instability on the continent, with many countries dominated by a single leader who insisted on his – and it was always him – indispensability. The end of their rule was invariably by force. In 35 years from 1961 to 1997, Africa witnessed 78 coups d’états.

But by 1995, at least 33 countries had revised their constitutions to include presidential term limits. The Organisation of African Unity (as it then was) built on this trend by developing a rule against coups and what it called “unconstitutional changes in government” with the recommendation that “any manipulation of the constitution aimed at preventing a democratic change of government” be outlawed. By the 2000s elections and term limits had replaced death and coup d’état as the most common way in which African presidents and prime ministers left office. Term limits were one effective way of curtailing the excesses of all-powerful executives and a tool that allowed for greater investment in the independence of critical democracy strengthening institutions such as the judiciary, legislature and election management bodies (EMBs).

Fast forward to 2021, and 16 countries across the continent have either revised their constitutions to remove term limits or seen the extension of the tenure of the incumbent president against the spirit of term limits. A further eight – Eritrea, Ethiopia, The Gambia, Lesotho, Libya, Morocco, Somalia and Eswatini – still have no term limits, whilst another nine countries, have term limits that exist in law, but that has yet to be tested or applied in practice.

Electoral choice

According to academic Andreas Schedler, to qualify as democratic “elections must offer an effective choice of political authorities among a community of free and equal citizens”. He identifies seven conditions that should exist if regular elections are to fulfil the promise of effective democratic choice: empowerment, free supply, free demand, inclusion, insulation, integrity and irreversibility.

Empowerment and insulation speak to voters’ ability to vote freely without restrictions, fear or intimidation. In the January 2021 presidential elections in Uganda – where presidential term limits were removed in 2005 and age limits in 2017 – political violence linked to the election resulted in over 50 deaths, while more than 400 individuals have been forcibly ‘disappeared’ in a pre and post-election clampdown. In Guinea, after changing the constitution through a dubious referendum, President Conde contested and won, a third term in 2020 amidst sustained protests that saw at least 12 people killed.

Free supply, free demand and inclusion cover citizens ability to form, join and support opposition parties, candidates and their policies; and mitigate against candidates being prevented from participating in the elections through legal or pseudo-legal means. An increasingly common way of preventing candidates from participating in elections is the sponsorship system where presidential candidates are required to secure a minimum threshold endorsement of registered voters or elected representatives. This, along with high filing fees, effectively narrows the number who can contest.

Ahead of the 2020 presidential elections, Cote d’Ivoire’s election management body required that to be eligible candidates must secure the signatures of at least 1% of the electorate. This gave a significant advantage to the incumbent, Alassane Ouattara, who successfully secured a disputed third-term against reduced opposition. In addition to technical obstacles, more direct threats can be used by incumbents. Ahead of April’s presidential poll in Chad, the leading opponent to President Deby’s sixth term in office, Saleh Kebzabo, withdrew his candidacy after a deadly raid by security forces at the home of another opposition candidate.

The integrity factor relates to the election process, rules and execution. When EMBs or courts are perceived as compromised, the impact on the credibility of the electoral outcome is diminished. Like in Uganda in January, many voters in Congo Brazzaville cast their ballot on 21 March 2021 with continued doubts about the independence of the EMB given that nothing has changed since it oversaw a questionable outcome in 2016. An election that followed the 2015 removal of term limits, that gave President Sassou Nguesso the opportunity to seek a third term in his second spell in power. A fourth term is set to follow.  

Finally, the irreversibility condition covers the sanctity of the result and winners taking office peacefully. Elections should have the desired consequences, where the will of the majority of voters is respected. In 2016, Yahya Jammeh tried, albeit unsuccessfully, to ignore and annul the results of the election, but the EMB, supported by regional powers, held firm to force him from office after two decades at the helm.  

Limiting power

Those who argue against the imposition of term limits claim that they compromise the sovereignty of the people and their choice, as well as risk undermining the stability and continuity required for the development. They argue that instead of term limits, the focus should be on improving the integrity of elections. But a determination to stay in power predisposes leaders to oversee compromised polls. Presidents contesting for or having won, their sixth term in office in 2021 – Museveni in Uganda, Sassou-Nguesso in Congo Brazzaville and Deby in Chad – do not feel more secure. Instead, with each successive election the violence against the opposition, the rhetoric of intolerance and abuse from state security actors increases. As Schedler has argued, “the desire of those who manipulate elections is to enjoy the fruits of electoral legitimacy without running the risk of democratic uncertainty”.

But respect for term limits alone is not a vaccine against electoral authoritarianism. Niger’s historic transition in February affirmed its commitment, for the first time, to two-term limits, but the vote, which was won by the ruling party candidate amidst protests about the results and an internet shutdown, exposed the fragility of the country’s democracy. Despite adherence to term-limits in Tanzania, a change of the political party in power has not been forthcoming. In places where the ruling party never loses, there can be a systemic weakening of the checks and balances, and critical voices, required for a healthy democracy. Even in places where term-limits are in place and turnovers have occurred – Benin, Senegal and Nigeria – continued vigilance is required. There have been deep erosions to the independence of democracy strengthening institutions in recent years.

Innovative thinking is needed to tackle anti-democratic forces intent on capturing and controlling access to power whilst maintaining a veneer of electoral legitimacy. Africa still has more countries that have strengthened and upheld term limits than not. But constitutional power grabs are on the rise, particularly in West Africa, and the complicit silence of the Africa Union (AU), and regional bodies like ECOWAS, is a concern. In addition to considering the adoption of non-amendable presidential term limits, as has been proposed as part of Burkina Faso’s constitutional review, the AU should lead a collective review of the application of the non-retroactivity principle to constitutional amendments to make it explicit that leaders who oversee constitutional amendments cannot reset their tenures on that basis. The spirit of the principle is to prevent a retroactive application of punitive law and not to give sit tight men a window to legally hijack their countries.

Most importantly citizens must also be encouraged, and supported, through investments in organising and social movement-building to demand change. Afterall half of the dozen African leaders who have tried to evade limits over the past 15 years, were foiled by populations who rallied against these tenure extensions. Listening to, and learning from, the experiences of Burkina Faso, Malawi, Niger, Nigeria, Senegal and Zambia can offer valuable lessons.  

Ayisha Osori is Executive Director of Open Society Initiative West Africa

Editor’s note: This is the fourth article in a nine-part series in which leading thinkers and practitioners explore key questions and themes about the current state of electoral democracy in Africa. You can click to read the fourth, thirdsecond and first.

Crafting Credible Election Commissions in West Africa

By Blog, Publication, Publications

By Professor L. Adele Jinadu

The crass and partisan manipulation of African electoral management bodies (EMBs) was a central feature of the legacy of abuse that successor regimes to colonial rule in Africa inherited and perpetuated. Embedded in partisan politics through “outright control” by successor regimes, EMBs became “ineffectual mechanisms for democratically managing diversity”.

To lay the ghost of such partisan political abuse, and to nurture and strengthen trust in electoral commissions, the democratic transitions of the 1990s stipulated new norms and rules for redesigning competitive party and electoral politics and systems. These norms included democratic political succession, entrenched provisions for the periodic conduct of credible elections, in the case of presidential systems, fixed presidential term limits, the promotion of diversity, civic participation, and engagement, especially through an increased role of civil society and marginalised groups and the establishment of independent EMBs.

Indicators of what credible EMBs and electoral integrity should look like were set out in African codes and standards such as the African Charter on Popular Participation in Development and Transformation (1990) and the African Charter of Democracy, Elections, and Governance (2007) to name just two. But has the objective of nurturing credible EMBs and electoral integrity been achieved?

Multiple management models

EMBs in Africa are currently either a single, independent body; comprised of two or more bodies with shared responsibilities for election management; or a hybrid government-civil society EMB under an independent oversight supervisory body of experts, usually judges. Non-autonomous or fully government controlled EMBs inherited at independence, notably in francophone and lusophone countries, have been replaced with autonomous or semi-autonomous ones. But within these classificatory models, structures and composition vary significantly, dictated by each country’s constitutional and political history, and the interplay of contending sociocultural forces and prevailing circumstances.

However, appointment processes and the tenure terms of the chair and members of election commissions are problematic areas across the continent. Concerns remain about the transparency of the nomination, appointment and removal process of EMB members according to a 2013 Economic Commission for Africa expert opinion survey. It found that “in only 10 of the 40 African countries surveyed did more than half the respondents consider the procedure to be mostly or always transparent and credible…[with] serious implications for the integrity of elections in Africa.”

Renewal under consecutive fixed tenure for members tends to enhance EMBs’ credibility, but remains problematic and is diminished by the power of appointment and renewal, which is also the power of removal. This power can be used to remove members perceived as resisting or not pliable to executive branch partisan influence, or who, by general perception, have not lived up to the integrity expectations of their office. In Nigeria and Sierra Leone, EMB members have been removed before their tenure expired. To pre-empt such a possibility, it has been suggested that the tenure of EMB members should be fixed, like judges, to their retirement age, except for cause, as is the case in Ghana.  

Autonomous actors?

Recent studies of West African EMBs distinguish between their formal, administrative and financial autonomy. The level of autonomy varies not only from country to country but also within country over electoral cycles according to a 2019 study of six West African countries comissioned by the ECOWAS Network of Electoral Commissions (ECONEC). The study explored factors driving or constraining the autonomy of the EMBs and how these impact election integrity.

In Benin, the financial autonomy of the Commission Electorale Nationale Autonome (CENA) is constrained by attempts by the Ministry of Finance to exercise a priori control over its expenditure. This leads to dysfunctions in the electoral administration process. Another problem is the dependence of the CENA on the executive to obtain electoral funds. A challenge that confronts many EMBs in the ECOWAS region. Furthermore, in Senegal, the 2019 ECONEC study found that when the funds were released, almost half the election budget was spent by the other institutional actors such as the judiciary and security agencies.

But formal autonomy on paper does not always translate into practice. In West Africa, several EMBs have almost identical legal provisions protecting their independence, yet they have widely differing degrees of autonomy. An EMB, like CENA in Benin, made up of members nominated by political parties, whatever its defects, has sometimes conducted elections with more independence and competence than an expert commission such as Nigeria’s. Cape Verde’s EMB has a longer tradition of effective performance and independence in action than Senegal’s. Even though both exemplify the same classificatory model.

Although the different systems of appointment and composition do have an impact, institutional partnership and collaboration – like the Inter-Agency Consultative Committee on Election Security established by Nigeria’s Independent National Electoral Commission (INEC) – between EMBs and other institutions with election-related mandates, can play an equally important role in shaping perceptions of EMB capability. Issues like a country’s size, the relative balance of powers among political parties, the internal security situation, and the strength of courts, the civil service and civil society, are critical for the conduct of credible elections.

In short, an autonomous EMB is a necessary, but not a sufficient condition for conducting credible elections. An anti-democratic political culture of impunity characterised by abuse of power by incumbent parties for partisan electoral gain; a zero-sum approach to electoral competition that ignites and fuels electoral violence; and high-levels of vote-buying and voter-intimidation create an environment in which conducting credible elections is difficult, regardless of the technocratic skills and technological innovations deployed. This is the experience in Nigeria, where controversial elections were held in 2015 and 2019, despite the popular perception of INEC as increasingly credible after it invested in technology such as smart-card readers and undertook internal administrative and financial reforms, after polls in 2011, to try and limit the space for electoral malpractice.

Advancing credibility

Enhancing the application of ICT and internal administrative reforms that improve the transparency of EMBs has improved electoral transparency in Ghana and Nigeria. So too can enhancing the administrative and financial independence of EMBs. This can be done by vesting in them powers to recruit their own staff, professionalise their bureaucracies, and make their annual budget and election budget direct charges on national consolidated revenue funds. Reforming EMBs also requires removing their members’ appointment and reappointment process from political officeholders and vesting them in independent, non-partisan individuals or bodies.

But election commissions need to be supported in their efforts to conduct credible polls. Partnerships with civil society organisations can improve civic awareness and tackle prevailing problems such as vote-buying. Allying with impartial security actors can also discourage campaign and election-day violence, whilst regular dialogue with all political parties can go some way to reducing the zero-sum, winner-takes-all approach to politics. They also must continue to learn from each other. ECONEC, and the Electoral Commissions Forum of Southern African Development Community countries, are constantly sharing experiences that can shape regional best practices.

The impact of these discussions and dialogues become clear on election day, but the work to get there is ongoing and unending. Maintaining credibility does not just mean standing still. Election commissions across West Africa must be constantly evolving if they are to do their part to oversee elections that reflect the will of voters.

Professor L. Adele Jinadu is a Senior Fellow at the Centre for Democracy & Development, Abuja, Nigeria.

Editor’s note: This is the fourth article in a nine-part series in which leading thinkers and practitioners explore key questions and themes about the current state of electoral democracy in Africa. You can click to read the third, second and first.

Judgements and Jurisprudence: Presiding over presidential petitions in Africa

By Publication, Publications, Uncategorized

By Dr O’Brien Kaaba

In 2017 the Kenyan Supreme Court became the first court on the African continent to annul a presidential election following full due process. In February 2020 the Malawian High Court, sitting as a constitutional court, followed suit in cancelling the results of the May 2019 presidential election. Not only did the judges demonstrate extraordinary courage in pronouncing these verdicts, but they demonstrated what a competent and independent judiciary can do to ensure democratic electoral processes are free, fair and credible on the continent.

Hiding behind technicalities

For the most part courts across Africa have been unwilling to reverse electoral outcomes, preferring instead to seek refuge in technicalities when casting judgement. This reflects poorly on judicial independence, and brings to the fore the reality that many judges are appointed as a reward for their loyalty to those in power, not because of their competence and capabilities.

The first of these is the use of procedural technicalities to dismiss the case, thereby avoiding hearing its merits. In 2016, the Zambian Constitutional Court decided to abandon the election petition, without determining its merits, on the pretext that the 14 days set by the Constitution, during which the case should be heard and determined, had elapsed.

Another technicality used by courts is simply to abdicate judicial responsibility and avoid rendering a judgment. This has been a common approach deployed by the Zimbabwean judiciary. Following the 2002 elections, a petition was filed in the High Court by losing opposition candidate Morgan Tsvangirai seeking the nullification of the presidential election results on the grounds that the election was characterised by widespread violence and intimidation, corruption, voter fraud and ballot-stuffing. After hearing the case for seven months, Justice Ben Hlatshwayo, in a terse one-page ruling, dismissed the allegations and promised to render a reasoned judgment in two weeks. The judgment never came.

The 2013 Zimbabwean elections were also challenged in Court. To prepare their case, the petitioner made a preliminary application to the Court to allow him to have access to election materials. The Constitutional Court reserved ruling on the application and by the time the hearing of the petition commenced, had still to take a decision. This forced the petitioner to withdraw the petition, indicating that it was going to be impossible to substantiate the allegations of irregularities without access to election materials.

A final, and arguably most common technicality, is to misapply the materiality test, also known as the substantive effect rule. This rule is premised on the idea that some electoral irregularities may be minor and inconsequential, while others may be significant enough to have a bearing on an election’s fairness and legitimacy. Inconsequential mistakes, omissions and commissions should not lead to an annulment of an election, provided that its overall fairness was not vitiated. But the substantive effect rule has provided an escape route to timorous or compromised judges who prefer to defer to incumbents.

In Uganda, successive election petitions by opponents of the incumbent have been unsuccessful, ultimately because the petitioners have been unable to prove, quantitatively, that the alleged malpractice has substantially affected the outcome of the election. This focus on numbers can effectively legitimatise large scale election cheating. But proving substantive effect is difficult. It is further complicated by short timeframes and the fact that the data that can be used to validate the claim is often in the hands of the electoral management body and that some irregularities, such as political violence, are not susceptible to numerical quantification in relation to election results. Interpretations of the substantive effect rule have been applied in judgements that confirmed the outcome of recent elections in Namibia, Botswana and Zimbabwe.

Historic decisions

In August 2017, the Kenyan Supreme Court made a ground-breaking decision when it annulled the election of Uhuru Kenyatta. By a majority of four to two, the court held that the presidential poll was not conducted in accordance with the Constitution and the applicable laws, rendering the declared result invalid, null and void; that the irregularities and illegalities in the election were substantial and affected its integrity, the result notwithstanding; that Uhuru Kenyatta was not validly declared as president-elect and that the declaration was invalid, null and void; and that the electoral commission should conduct fresh presidential elections in strict conformity with the constitution and applicable electoral laws within 60 days.

The Kenyan Court’s decision demonstrated the value of proactive adjudication. Prior to the elections, the 2011 Elections Act was amended to introduce the Kenya Integrated Electoral Management System. This was intended to be used in biometric voter registration and, on polling day, in voter identification as well as instantaneous transmission of election results from polling stations to the Constituency Tallying Center and the National Tallying Center. The transmission of results required the use of standard forms – Forms 34A and 34B – but in many instances the results were not transmitted in the manner required by law.

The Independent Electoral and Boundaries Commission (IEBC) gave no plausible explanation for this, while the petitioners alleged that the system had been hacked and results tampered with in favour of the incumbent. The Court appointed its own IT experts to assess the IEBC servers and report their findings. However the IEBC, in violation of the court order, declined to give the court-appointed IT experts access. The Court held that the failures by IEBC were a clear violation of the 2010 Constitution and the Elections Act (as amended). It raised serious doubt as to whether the election results could be said to be a free expression of the will of the people, as required by the Constitution. 

Perhaps the judgment’s greatest contribution to electoral jurisprudence in Africa was its correct application of the substantial effect rule. It held that elections are not just about numbers and that the quality of the entire process matters when gauging whether the result reflects the will of the people. In the words of the Court, “even in numbers, we used to be told in school that to arrive at a mathematical solution, there is always a computation path one has to take, as proof that the process indeed gives rise to the stated solution.”

Similar jurisprudence was applied in relation to Malawi’s 2019 presidential election petition. The Court found that election results forms, which were used to tabulate national figures, were pervasively altered unlawfully. Based on adduced evidence, it concluded that a substantial number of the official result sheets had results altered using correction fluid, popularly known as Tippex. The judgement reached was that the Electoral Commission had failed to preside over a free and fair election, that the electoral process was compromised and that it was conducted in a manner that violated electoral laws and the Constitution. It nullified the election and ordered a new election to be held within 150 days. The re-run saw opposition candidate Lazarus Chakwera win 58.6% of the vote to comprehensively defeat incumbent, and winner of the 2019 poll, President Peter Mutharika.

In terms of the threshold for the integrity of the election, Malawi’s High Court, followed the Kenyan precedent of 2017, in agreeing that it is not just numbers, but the quality of the electoral process that matter in determining the substantial effect of irregularities on election results. This is an important recognition that the judiciary must consider the context in which an election is held in order to determine if the will of the people could have been exercised freely.

Continuity…for now

The decisions reached in Kenya and Malawi demonstrate the capacity of what competent and courageous judges can do to enforce electoral rules. The judgments also pose a challenge to other African judges: will they follow in their footsteps or will they choose to hold fast to the archaic and pro status quo jurisprudence that has prevailed up to now?

Early indications suggest that continuity, rather than change, continues to prevail. Recent electoral decisions in the Democratic Republic of Congo, Zimbabwe, Botswana and Namibia have continued to produce judgements that look for substantive effect on the outcome, and less on the process. In Uganda, a petition to challenge the outcome of the January 2021 presidential election was withdrawn over concerns about the judicial independence.  

Nonetheless, the verdicts handed down in Kenya and Malawi serve as landmark decisions, that over time will serve as a yardstick of contextually relevant presidential election jurisprudence in Africa. Both set a precedent that the quality of an election and the environment in which the election is held matter, and have a bearing on the outcome, regardless of numbers.   

Dr O’Brien Kaaba is a lecturer at the School of Law at the University of Zambia and a senior research fellow at the Southern Africa Institute for Policy and Research.

Editor’s note: This is the third article in a nine-part series in which leading thinkers and practitioners explore key questions and themes about the current state of electoral democracy in Africa. You can read the second and first piece.

Electoral Corruption In Nigeria: A Case Study Of The 2019 General Elections

By Publication, Publications

A major pillar of post-1990 democratic transitions in Africa is the periodic organization and conduct of constitutionally entrenched competitive party
elections, by an independent electoral management body (EMB), to elective
public political offices in the executive and legislative branches of government in the African state.

The conduct of the elections is required to conform substantially with guiding principles of electoral integrity that provide the indicators and measure of free and fair elections.


The principles are designed to guarantee that the outcomes of democratic
elections are uncertain, in the sense of their being “indeterminate ex-ante.” The outcomes are expectedly “indeterminate ex-ante” because the measures and indicators to ensure such outcomes are designed to create a competitive electoral level playing ground to make it possible for yesterday’s winners to become today’s losers, and yesterday’s losers, today’s winners.

Although there is no general agreement on the meaning of electoral integrity, the operative or defining word in the concept, integrity “refers to incorruptibility or a firm adherence to a code of moral values,” in the conduct of democratic elections.

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Personal Data and the Influence Industry in Nigerian Elections

By Publication, Publications

An election officer verifying a voter using the Smart Card Reader. Photo credit: BBC

In Nigeria’s 2015 election, Cambridge Analytica (CA) spread targeted disinformation to suppress opposition votes and allegedly released sensitive medical and financial information about then opposition candidate Muhammadu Buhari. In 2018, the Nigerian government formed a committee to investigate, amongst others, CA’s 2015 activities and promised criminal prosecutions if necessary.

However, two years on, there has been no update from the government committee. Furthermore, beyond a flurry of articles in 2018 that largely regurgitated what international media outlets posted, Nigeria’s media houses have largely left CA’s activities and the government committees promised investigations uncovered.

The lack of attention given to the CA scandal is worrying. If we assume that their notoriety derives in part from how egregious some of their tactics were, it is likely that other actors with morally questionable but less scandalous techniques are operating under the radar in Nigeria. It is therefore urgent that we have an overview of the use of data in Nigerian elections, as the first step to increasing awareness and activism. This report is an attempt to fill this gap. Using the framing introduced in Tactical Tech’s publication, Personal Data, Political Persuasion, this report combines interviews with various actors in the political influence industry and secondary evidence from journalistic sources to map the data-driven campaign techniques used in Nigeria. This mapping focuses on the 2015 and 2019 presidential elections but incorporates examples from earlier
and lower-level elections as needed.

The report then addresses a puzzle that the first section unearths: why does it seem that the formal political consulting industry in Nigeria is so small? To answer this, the report looks at the different actors in the influence industry, focusing on the kinds of political actors that hire them, the kinds of elections they tend to be involved in, and the techniques that they use in serving their clients.

The report finds that the use of data-driven campaigning in Nigerian elections is growing in prominence. Generally, political actors use data and digital technologies to fundraise, test for the resonance of campaign messages, target messages to specific geographic locations, and send out
bulk SMS, audio, and WhatsApp messages.

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Kananan Yara Sun Kada Kuri’a a Zaben Kananan Hukumomi Da Ya Gudana a Jahar Kano

By Fact Check

Tushen Magana:

A ranar Asabat, 16 ga watan Janairun shekara ta 2021, masu bin diddigin sahihancin labarai na Cibiyar Bunkasa Demokaradiyya Da Cigada (CDD) sun gano tarin hotuna da bidiyoyi da ke nuna kananan yara suna kada kuri’a a lokacin da ake gudanar da zaben shugabannin kananan hukumomi da kansiloli da aka gudanar a fadin jahar Kano.

Hotunan da ma bidiyoyin an yada su sosai a shafukan Twitter da Facebook, kuma acikin su anga yara wadan da bisa doka shekarun su basu kai na kada kuri’a suna dangwala hannayen su a kuri’u yayin da jami’an zabe kalmashewa tare da jefa ta acikin akwatin zabe.

Bidiyoyin sun janyo cece-kuce da tofin alatsine daga yan Najeriya a kafafen sada zumunta na zamani.

Gaskiyar Al’amari:

Binciken da CDD ta gudanar dangane da hotuna da bidiyoyin ya gano cewa an bar yara sun kada kuri’a a zaben kananan hukumomi da kansilolin na jahar Kano na shekara ta 2021.

Karin binciken da ya shafi fasaha da CDD din ta gudanar ya gano cewa bidiyoyi da hotunan an dauke su ne a zaben shekara ta 2021 din ya suka nuna yara kanana suna kada kuri’a a wurare daban-daban.

Daya daga cikin hotunan da yara suka kada kuri’un an dauke shi ne a karamar hukumar Kabo yayin da wani bidiyon da shima yake nuna nuna yara na kada kuri’a tare da tallafin wassu jami’an zabe aka nade shi a Shahuci da ke karamar hukumar birni dake cikin birnin Kano (Kano Municipal Council).

Bayan nazari da bincike, CDD na tabbatar da cewa kada kuri’un da yara suka yi dama yin zabe sau da yawa da wassu manya aka gani suna yi ya faru ne a gaban jami’an zabe na hukumar zabe ta jahar Kano, hasali ma anga jami’an hukumar zabe ta jahar Kano (KANSIEC) din suna taimakawa yaran da manya masu zabe fiye da sau daya.

Binciken da CDD ta gudanar ya gano cewa akwai hotunan zaben shekara ta 2018 da aka gudanar na kananan hukumomi a jahar Kano din da wassu mutane suka sake yada su tare da bayyana su a matsayin hotunan zaben shekara ta 2021.

Wannan hoto da ke kasa da wani shafin Twitter mai suna @Ayemojubar hoto ne da aka dauke shi lokacin zaben kananan hukumomi na shekara ta 2018 a jahar Kano.

Kammalawa:

Wadan su daga cikin hotuna da bidiyoyin da suka nuna yara kanana suna kada kuri’a lokacin zaben kananan hukumomi na shekara ta 2021 a jahar Kano hotuna na ne gaske, al’amarin ya faru. Binciken da CDD ta gudanar ya gano cewa an bar yara kanana sun kada kuri’a tare da barin sauran wassu mutanen su kada kuri’a sau da daya.

Binciken CDD ya gano cewa masu anfani da kafafen sada zumunta na zamani sun yada hotunan kananan yara na kada kuri’a wadan da aka dauka a zaben day a gabata na shekara ta 2018 lokacin wannan zabe na shekara ta 2021.

CDD na jan hankalin jama’a da su rika tantance sahihancin labarai kafin yada su ga sauran mutane a kowane lokaci.

#AgujiYadaLabaranBogi

Center for Democracy and Development West Africa| CDD West Africa

COVID-19 Pandemic: Steps To Conducting An Election

By Fact Check

With guidance from the Nigeria Centre for Disease Control (NCDC), the Independent National Electoral Commission (INEC) has released measures to be taken by electorates and officials to prevent the spread of Coronavirus (COVID-19) during elections in Nigeria.

These measures include steps expected to be taken by both electoral officers, voters and observers during an election in Nigeria.

The Centre for Democracy and Development (CDD) and the Independent National Electoral Commission (INEC) with support from the MacArthur Foundation and Open Society Initiative for West Africa (OSIWA) produced this video for guidance.

How To Prevent Spread of COVID-19 During Election| CDD West Africa

FACT-CHECK: Seriake Dickson Not Disqualified by Abuja High Court for Certificate Forgery

By Fact Check

VERDICT: False

CLAIM: A WhatsApp message shared widely in groups and on Facebook was spotted  on November 13, 2020 claimed that the Federal High Court in Abuja had disqualified Seriake Dickson, from contesting  the Bayelsa West Senatorial District election over certificate forgery.

Seriake Dickson is the immediate past Governor of Bayelsa state and candidate of the Peoples Democratic Party(PDP) in the forthcoming bye-election.

The message:

FACT:

A check by the CDD reveals that the former governor of Bayelsa State,  Seriake Dickson has not been disqualified for certificate forgery.

Contrary to the viral WhatsApp message, the case filed against the former Governor was dismissed by the presiding Judge, Justice Jane Nyang of the Federal High Court for lack of jurisdiction.

The court also ruled that the suit was filed out of time, meaning it was brought to the court after the stipulated time for such an action.

Eneoriekumoh Owoupele, the candidate of the All Progressive Congress (APC) had approached the court to disqualify Seriake Dickson  from participating in the election for allegedly supplying false information to the Independent National Electoral Commission (INEC).

Also, the WhatsApp broadcast claimed the court judgement was given in Abuja. Findings by our fact-checkers revealed the case was transferred from the court in Abuja to Bayelsa where the judgement was delivered.

CONCLUSION

The former Governor of Bayesla State Serieke Dickon has not been disqualified for forgery as claimed by the widely shared WhatsApp message. The governor is still in the race for the Bayelsa West Senatorial bye-election.

CDD is urging Nigerians to always verify the authenticity of stories before sharing them.

You can forward suspicious messages for verification via +2349062910568 or contact us on twitter @CDDWestAfrica

#StopFakeNews #StopDisinformation

Center for Democracy and Development West Africa| CDD West Africa

WEST AFRICA SPEED NOTE ON ELECTIONS

By Publication, Publications

MALI: THE INSTITUTION OF A NEW CONSTITUTIONAL COURT

Following the recommendation of ECOWAS, a new Constitutional Court has been established to resolve the socio-political crisis that is shaking the country.

The new composition of nine includes three members (Amadou Ousmane Touré, Asser Kamate, and Doucourou Kadidia Traoré) appointed by the Head of State, three members (Maliki Ibrahim, Ba Haoua Toumagnon and Beyla Ba) appointed by the National Assembly and three members (Demba Tall, Mohammed Abdourahamane Maïga and Djénéba Karabenta) appointed by the Magistrate Council.

All nine were sworn in on August 10th before the National Assembly in the presence of President Ibrahim Boubacar Keita and former Nigerian President Goodluck Jonathan, the ECOWAS mediator.

The principal mission of the Court is to resolve the electoral dispute that erupted after the legislative elections of March and April.

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Elections, Democracy and COVID-19 in West Africa

By Publication, Publications

Based on its analysis of elections conducted so far in West Africa during the current pandemic, the Centre for Democracy and Development outlines the following considerations to guide the conduct of elections under the pandemic:

Tissued by national governments, public health authorities, and national task forces on the movement and safety of people should inform the decisions taken by governments and electoral management bodies to either postpone or hold elections. Actors should prioritize conducting the full gamut of electoral activities (voter registration, procurement, political campaigning, and electoral crisis management).

Decision-makers must consider the constitutional significance of elections and the originally scheduled dates by comparing the advantages and disadvantages of holding or postponing an election during the pandemic.

This is important if the legitimacy of the elections is not to be questioned or diminished.

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